PPI & Self Employed/Director ?

[Capitulator]

I am hoping someone could elaborate on whether I was 'mis-sold' PPI on my credit card here !

I sent SARs to both MBNA and Cap1 recently and have received back statements showing penalty charges etc. The statements from MBNA also showed PPI payments up to 2003 when I cleared the balance with a transfer from Cap1. Up til then, I believe I had been paying PPI since I first took out the MBNA card in 1997 or thereabouts.

Thing is, since 1996 I have been a self-employed contractor ie. a director of my own company and I am not sure the PPI would have been any benefit to me whatsoever in any case !

Do I have a case for claiming back any (or all) of this PPI ?

Many Thanks, Tim aka Capitulator

[reidnet]

Hi Tim,
In with your data from your Subject Access Request did you recieve a copy of the signed agreement from MBNA ?, If so have a look and see if their is any signature etc regarding PPI, I would think that the PPI would probably just been added onto the agreement.

Some PPI policies will not cover the self employed so if you had tried to make a claim on the policy the chances are that you would not have been succesful in claiming. Basically you would have being paying for something that is of no use to you.

If you have the terms and Conditions relating to the PPI have a good read through them and see what it says regarding self employment. And remember PPI should always be Optional, can you remember asking for PPI ?

Ian

[Capitulator]

Thanks for the reply reidnet,

No, I did not receive a copy of my original agreement ! I am considering complaining about this as their 40 days have expired ! ( I asked about this in a different forum and was advised to send a letter giving them 7 days or I'll take it further !)

This means I currently don't know if I ticked the box or not - I'm not even sure I ever did as I seem to remember a lot of this happened over the phone ! It was such a long time ago and I think the situation was that I applied for the card in writing but didn't elect for PPI. At a later date my card got defaced and I rang up for a replacement at which point I may have been asked if I wanted PPI - I seem to remember telling them that I was self-employed but they gave me the impression that it was OK.

That's about it. I presume I need to find the T&C or ask MBNA for the ones in effect at the time and, of course, the application form ?

A plethora of thanks for your help so far !

Tim aka Capitulator

[The Capitulator]

Hello namesake
Goodluck for your claim another thing we have in common is that we both follow Ian's excellant advice.
Sorry Ian if this confuses you.
I'm the old get

regards Carl

[hellhasnofury]

Originally Posted by Capitulator

Thanks for the reply reidnet,

No, I did not receive a copy of my original agreement ! I am considering complaining about this as their 40 days have expired ! ( I asked about this in a different forum and was advised to send a letter giving them 7 days or I'll take it further !)

This means I currently don't know if I ticked the box or not - I'm not even sure I ever did as I seem to remember a lot of this happened over the phone ! It was such a long time ago and I think the situation was that I applied for the card in writing but didn't elect for PPI. At a later date my card got defaced and I rang up for a replacement at which point I may have been asked if I wanted PPI - I seem to remember telling them that I was self-employed but they gave me the impression that it was OK.

That's about it. I presume I need to find the T&C or ask MBNA for the ones in effect at the time and, of course, the application form ?

A plethora of thanks for your help so far !

Tim aka Capitulator

Hello

I have been reading the MBNA form part of this site and it appears this company is quite incompetant at sending out information, and not replying to letters, requests etc etc.

If you want the original credit agreement you can sent them a CCA you will find it in the templates library it is letter n that you send with £1. They are that bad they may not even sent you that. You will have to file a complaint with the Information commisioners office. for non-compliance and inform mbna you have done this.

[Capitulator]

To The Capitulator: Hello to you also namesake ! (Although I was first! ) Thanks for your wishes - I'm going to need all I can get with taking on both MBNA and Cap1 for charges as well as MBNA for PPI !

To hellhasnofury : Thanks for the info. - in my original Subject Access Request I requested only charges information which they did send me but they didn't cash my Subject Access Request fee and sent me their own Access Request form which had an option for all info including original application form ! I sent this back and all they sent me was every statement dating back to 2001 - no application form !

As the forty days has now passed, I assume I should send them alanfromderby's template letter 3 ? Before I do that, I need to be clear on what I do if they don't comply ?!
Never having undertaken anything like this before, I want to make sure I understand what I am/should be doing - the prospect of court applications is pretty daunting especially if everything has to be done to set timescales !

Many Thanks,

[hellhasnofury]

Originally Posted by Capitulator

To The Capitulator: Hello to you also namesake ! (Although I was first! ) Thanks for your wishes - I'm going to need all I can get with taking on both MBNA and Cap1 for charges as well as MBNA for PPI !

To hellhasnofury : Thanks for the info. - in my original Subject Access Request I requested only charges information which they did send me but they didn't cash my Subject Access Request fee and sent me their own Access Request form which had an option for all info including original application form ! I sent this back and all they sent me was every statement dating back to 2001 - no application form !

As the forty days has now passed, I assume I should send them alanfromderby's template letter 3 ? Before I do that, I need to be clear on what I do if they don't comply ?!
Never having undertaken anything like this before, I want to make sure I understand what I am/should be doing - the prospect of court applications is pretty daunting especially if everything has to be done to set timescales !

Many Thanks,

Hello, I do understand that it can be a bit daunting, but we all have to pursue this course of action or they win, They think they are a law unto themselves and don't need to comply with our requests. But by the law of the land with we all have to follow, they must.

Follow alanfromderby's advice This is just a small paragraph with who you complain to and your next steps to take.

This letter has been sent by first class recorded delivery, and therefore should have reached you by xx/xx/xx (insert next working day after posting) – as you will be aware, as of this date you have just XX days (insert days remaining since they received your original request) in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

Good luck

[danler]

Hi Capitulator

My husband who is a director so classed as self employed had PPI with MBNA, they paid out for 6 months when he smashed his legs up in a bike accident. Barclays also paid out as well.

[progenic7]

Hi Cap,

i am in the same position as you i was self employed at the time of opening MBNA account, now the thingis they sent me the agreement because i did my own my explicit Subject Access Request in no uncertain terms what i wanted from them.
I know for a fact i did not tick the box, but on my copy agreement the box is ticked, they sold me the PPI over the phone about a week after opening account.
They new i was self employed and new the PPI wouldnt cover me, it clearly says that in their very own terms and conditions (only if you go into receivership..ie disolve the compnay) if you injurred your back like i did for a few months then they wont pay, because technically your company is still live.
What im saying to cut a long story short is that, Yes you do have a very good claim on your hands and you are fully entitled to all your PPI premiums back + interest @ 29% to boot.

another poster said they paid out on a self employed claim, all i can say to that is either they made a mistake or the claim was slightly altered on the claim form if you get my meaning. Because as i say again on their own terms and conditions it makes it abundently clear they wont pay on a self employed case.

Go get em mate

[Capitulator]

I guess it may all be down to the wording on the PPI form and, perhaps, what arrangement an individual has ?

I have no doubt that there are probably different versions depending upon when it was taken out. I've had my MBNA card since 1996 but I don't have the original T&Cs and it may well be they change their terms and wording periodically.

I do recall though that I specifically asked them about unemployment and they said that even as a director I would be OK ! It was only a long time after then that I realised the implications meant that the company would have to be dissolved to *prove* unemployment etc. as progenic7 has said.

I've sent off my LBA to them anyway as I'm still missing my original application form and I'll see what happens !

[Capitulator]

hellhasnofury: Thanks for that ! On alans letter, it mentions about 'damages at the discretion of the court' - what are these damages ? Is this something I come up with or does the court do it ?

Tks,

Tim aka Capitulator

[hellhasnofury]

Originally Posted by Capitulator

hellhasnofury: Thanks for that ! On alans letter, it mentions about 'damages at the discretion of the court' - what are these damages ? Is this something I come up with or does the court do it ?

Tks,

Tim aka Capitulator

Hello,

I found this in the bank template letter under the Data Protection Act non compliance, by alan

This is sections 5 and 6

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).

6. The damage (and distress) caused is:

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........

Add any further things that can be clearly quantifiable, and to which you can provide proof.

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

[hellhasnofury]

Hello again,
This is the sticky
Data Protection Act Non-Compliance - Particulars of claim

When you claim at court on the N1. This is what you would put in your claim,

If you go down the route of damages, you decide what you want to claim for, time writing letters, postage, paper and envelopes, ink for your printer, electricity to run your computer, the twenty fags and the three bottles of wine that your needed to steady your nerves when you wrote the letters etc etc

I read somewhere on the forum that some people had claim up to £9.25 and hour.

If it gets to court, shich I am pretty sure it won't. The judge would decide if your claim for damages is allowed.

Good luck

[reidnet]

Yeah I believe you can claim £9.25 per hour for prepairing claim etc, Now if I was to claim this from GE for the Time I have spent on my claim I think they would go into administration..lol

Ian

[Capitulator]

Hi reidnet aka Ian

I'm thinking maybe you write veeeery sloooooowly and use incredibly long words that require an awful lot of spell checking !

Sounds like a good tack to me, I think I'll use it myself ! lol

Tim aka Capitulator